Question:
I am the wife of a gentleman that has sole custody of his old daughter. My husband has never received child support from his ex-wife though the decree states he should have been receiving support each month since the divorce.
The divorce was granted and child support ordered in Oklahoma, but we now live in Texas with the child. We filed in Texas for jurisdiction to be changed to our home state, but the judge stayed his ruling.
What can we do to have jurisdiction changed and get her to pay child support?
Answer:
First let me preface my answer by stating that I do not actively practice in the states of Texas or Oklahoma. Cordell & Cordell does have attorneys who are licensed in both states that would be happy to discuss your case.
Custody jurisdiction will be determined by the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) or the Uniform Child Custody Jurisdiction Act (UCCJA) depending on what version your state has passed. These acts were passed by the states to ensure uniformity with regard to which court would assume and retain jurisdiction over child custody, especially since as a society, people tend to move a lot more.
These acts state that the court of initial jurisdiction will continue to have exclusive jurisdiction over the case, until such time as that court declines to exercise jurisdiction or other factors that are determined by the parties’ residences.
In your case, it appears that the judge in Texas asked you to get the court in Oklahoma to decline jurisdiction or agree to transfer it to Texas before the court assumed jurisdiction. If she is not paying child support then you may go back to the court that issued the order and ask that she be in contempt of court or contact your local child support office to see what recourse you may have.
Cordell & Cordell has men’s divorce lawyers located nationwide, including in Oklahoma and Texas.
Jason Bowman is an attorney in the Louisville, Kentucky, office of Cordell & Cordell. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.
